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2026 DAILYLAW 7641 (CHH)

MOHAMMAD ASADRAJA ALIAS FENKU v. STATE OF CHHATTISGARH

MCRCA/558/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 558 of 2026 1 - Mohammad Asadraja Alias Fenku S/o Mohammad Intajul Aged About 30 Years R/o Khatkulbahal, P.S. And Tehsil Kutra, Distt. Sundargarh, Orissa. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Sakti, Distt. Sakti, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Basant Dewangan, Advocate For State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 275/2025 registered at Police Station – Sakti, District – Sakti (C.G.) for the offence punishable under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.24 19:05:57 +0530 2 Section 11(1)(a) and (d) of the Prevention of cruelty to Animals Act, 1960 and Sections 351(3) & 3(5) of the BNS. 2. The prosecution story in brief is that on 09.08.2025, Police Station Sakti registered F.I.R. No. 275/2025 against Heera Lal Yadav @ Gada and others on the allegation that the police had received a complaint from a cow vigilante, namely Mayank Singh Thakur, who is also the President of Gau Sewa Samiti, Sakti. It was alleged that Heera Lal Yadav @ Gada and others were transporting nine cattle (buffaloes and cows) in a pick-up vehicle at Village Nawapara for the purpose of slaughtering. When the cow vigilante, Mayank Singh Thakur, along with his team reached the place of incident, all the accused persons fled away, and the nine cattle were handed over to the Gau Sewa Samiti, Sakti. 3. Learned counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in the present case. He submits that the main accused Heeralal Yadav @ Gada has already been enlarged on regular bail by the learned trial Court vide order dated 18.08.2025. He also submits that the present applicants have no previous criminal antecedents and co- accused namely Ravi Yadav, Girdhari Patel and Raju Kumar Yadav have already been granted anticipatory bail by this Court in MCRCA No. 1333 of 2025, MCRCA No.1409 of 2025 and MCRCA No.1496 of 2025 vide orders dated 03.09.2025, 12.09.2025 & 3 24.09.2025 respectively, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel for the non-applicant/State, opposed the anticipatory bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case and the fact that the co-accused persons, namely, Ravi Yadav, Girdhari Patel and Raju Kumar Yadav have already been granted anticipatory bail by this Court in MCRCA No. 1333 of 2025, MCRCA No.1409 of 2025 and MCRCA No.1496 of 2025 vide orders dated 03.09.2025, 12.09.2025 & 24.09.2025 respectively, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Mohammad Asadraja Alias Fenku on executing a personal bond and two local surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will 4 be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- d/- (Ramesh Sinha) Chief Justice Saxena